Chapter 9 · Municipal Court

Article 1. Municipal Court

Sections 9-101 to 9-109 · 9 sections

9-101 Municipal court established.

There is hereby established a municipal court for the City of Enterprise, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 2005, 1-501; Code 2020)

9-102 Same; practice and procedure.

The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the municipal court.

(Code 2005, 1-502; Code 2020)

9-103 Municipal judge; appointment.

The municipal court shall be presided over by a municipal judge. The mayor with the consent of the council, shall appoint the judge of the municipal court.

(Code 2005, 1-503; Code 2020)

9-104 Same; powers and duties.

The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereof.

(Code 2005, 1-504; Code 2020)

9-105 Judge pro tem.

In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as judge pro tempore. In the event the municipal judge fail to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.

In the event a vacancy shall occur in office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.

(Code 2005, 1-505; K.S.A. 12-4107; Code 2020)

9-106 Payment of fine.

Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine.

(Code 2020)

9-107 Same; failure to pay separate violation.

It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time.

(Code 2020)

9-108 Failure to appear.

(a)It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.

(b)For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.

(c)Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b).

(d)Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.

(Code 2020)

9-109 Court costs.

The city hereby adopts the following schedule of court costs and fees to be charged in Municipal Court:

(a)For docketing any case which thereafter results in a final judgment or order: $110.00;

(b)For furnishing a transcript or judgment of appeal, to be charged against defendant if said judgment is subsequently affirmed: $46.50;

(c)ln addition to any arrest warrant bond the court will also assess a $50.00 warrant administration fee to be assessed by the City and collected by the city.

(K.S.A. 12-4112; C.O. No. 15; Code 2020)